Zile Jury Struggles To Clarify Issues

Jury Queries Judge About Accomplice Theory, Child Abuse Charges

Jurors in the murder trial of Pauline Zile, charged in the killing of her 7-year-old daughter, failed to reach a verdict after four hours on Monday and will resume deliberations today.

The panel of nine men and three women was sequestered overnight at a West Palm Beach hotel.

Zile, 25, of Singer Island, faces the death penalty if she is convicted of first-degree murder in the Sept. 16 death of Christina Holt, her daughter from a previous marriage. Zile is also charged with three counts of aggravated child abuse.

The jury appeared to be grappling with several complicated legal issues. They asked the judge whether the accomplice theory can be applied to aggravated child abuse as well as the first-degree murder charge and whether a person can commit aggravated child abuse without actually touching on the child.

Before they can convict on first-degree murder, the jury must first find Zile guilty of aggravated child abuse for failure to protect her daughter on the night she was beaten by her husband, John Zile.

Zile appeared drawn and nervous on Monday. Several times during closing arguments, she turned her head and cried. One of those occasions was when Assistant State Attorney Scott Cupp held up a pair of dainty blue jeans that had belonged to Christina. Numerous holes were cut in the pants where technicians had found blood.

Cupp said Pauline Zile must have changed her daughter out of the jeans and into the white outfit with a teddy bear design on the top in which the child was found buried.

Cupp said he found it ironic Pauline Zile had publicly announced her daughter was wearing the same outfit when she falsely reported Christina was abducted at the Swap Shop flea market near Fort Lauderdale.

"I guess that was just a coincidence," Cupp said.

Zile's attorney Guy Rubin said in his closing arguments that the jury should not let outrage over the abduction hoax rule their verdict.

"Admittedly, Pauline was wrong in going along with her husband and deceiving the public that her daughter was missing. But that's not what we're here for," Rubin said.

Zile did not know her daughter's life was in danger and the jury should put themselves in her place, Rubin said.

"Pauline is 25 years old. She's had four kids, two husbands. She was eight-and-a-half months pregnant. She was working. She was cooking and cleaning. And she was struggling with the issues of discipline," Rubin said.

Assistant State Attorney Mary Ann Duggan said the prosecution does not have to show that Pauline Zile knew her daughter would die. Ignoring the abuse of your child is a crime, Duggan said.

Zile knew of the abuse of her daughter because bruises covered the child's small body. Any mother who bathes or dresses her child would notice such bruises, Duggan said.

"Pauline Zile is the natural mother. She can't look the other way, pretend it's not happening and it'll just go away," Duggan said.

Ellis Rubin, who is on Zile's defense team with his son, said in his closing arguments that the state's entire case is built on weak circumstantial evidence about what his clients should have known and should have done.

The state does not have an eyewitness to a killing, just a neighbor who said she overheard voices and noises the night Christina died.

"I've never heard of anybody being convicted of first-degree murder based on an ear-witness," Rubin said.